Legal Advice for Neighborhood Disputes | Legal Aid Center

Questioner

Good afternoon, my neighbours want to expand. That means they want to build a wall on the property boundary. There is currently a sturdy fence on that spot that is nicely overgrown. If that fence is removed, that means that the plants have to go. The long roots of the plants will most likely damage the newly laid terrace. I would prefer the fence to remain and for the neighbours to build their wall against the fence. However, they would prefer to build on the property boundary. What is wise?

Lawyer

I think you cannot forbid the neighbours to build the wall against the property line. If the fence has to be removed for this, that is annoying, but I do not rule out that you are 'abusing your rights' if you demand maintenance of the fence. From a construction point of view, it is undesirable to build a wall against a fence and if the fence were ever to be removed, there would be a wall of an extension that 'projects', which is also not a pretty sight. You could try to reach an agreement with your neighbours that you would accept the removal of the fence, but that you would like to have the option of replanting against your neighbour's wall, and possibly obtaining permission to attach a trellis to your neighbour's wall for this purpose.

Lawyer

In principle, a dividing wall up to a height of 2 metres may be placed on private property. It is also possible that your municipality has prescribed something different in a municipal regulation. You should then take this into account. A wall is understood to mean any opaque barrier made of stone, wood, frosted glass, plastic, reinforced reed mats or other suitable material. One neighbour can demand that the other neighbour cooperates in placing a dividing wall of two metres high on the property boundary. So half on the property of one and half on the property of the other. Such a dividing wall is jointly owned (this is called co-ownership) and the owners of such a wall jointly bear the costs. You can try to object in writing to the neighbors. If you have any questions, you can contact me personally.